LAW OF THE REPUBLIC OF KAZAKHSTAN No. 162-1 of 17 July 1997ON SPECIALLY PROTECTED NATURAL TERRITORIES
(Including amendments introducedby the laws No. 381-1 of 11 May 1999 and No. 151-II of 23 January 2001)
Specially protected natural territories, including objects of the environment existingon such territories and having ecological, scientific and cultural value shall beconsidered the national wealth of the Republic of Kazakhstan.The present Law shall determine legal, economic, social and institutionalframework governing operations of specially protected natural territories.
CHAPTER I. GENERAL PROVISIONS
Article 1. Concept of Specially Protected Natural Territories
Specially protected natural territories stand for land plots, waters, forests andsubsoil enjoying legal status of special protection or regulated mode of economicactivities providing conservation and rehabilitation of the State natural reservefund.
Article 2. State Natural Reserve Fund
1. The State natural reserve fund shall include a set of environmental objectstaken by the Government under its protection as having special ecological,scientific and cultural value and representing natural standards, unique pieces andrelics of the genetic stock, and also as the subject matter for scientific surveys,enlightenment, education, tourism and recreation.
2. The State natural reserve fund shall cover the following objects:
– zoological, including rare and endangered species of animals; valuable speciesof animals; typical, unique and rare animal communities;
– botanical, including rare and endangered species of plants; valuable species ofplants; typical, unique and rare plant communities;
– forests, including forests of specially protected natural territories; originalsamples of wood work; afforestation for protecting fields;
– dendrologicalal, including specific trees or groups of trees of scientific, culturaland historical value; original samples of garden and park related culture;
– hydrological, including water basins of special state importance or of specificscientific value;
– geological, geomorphological and hydrogeological, including subsoil segmentsof special ecological, scientific, cultural and other value;
– soil, including typical, unique and rare types of soil in various soil zones;
– landscape, including typical, unique and rare landscapes; standard units of theuntouched nature, landscapes of special recreation importance.
Article 3. Legislation of the Republic of Kazakhstan in the Field of SpeciallyProtected Natural Territories
1. Legislation of the Republic of Kazakhstan in the field of specially protectednatural territories shall regulate public relations with the objective of conservingand rehabilitating the State natural reserve fund and also for arranging efficientutilization of specially protected natural territories as well as for consolidatinglegitimacy in this area.
2. Legislation of the Republic of Kazakhstan in the field of specially protectednatural territories shall be based on the Constitution of the Republic of Kazakhstanand shall include the Law of the Republic of Kazakhstan "On EnvironmentalProtection", this Law, other legislative acts and regulations.
Article 4. Principles of the Republic of Kazakhstan Legislation on SpeciallyProtected Natural Territories
Legislation of the Republic of Kazakhstan on specially protected natural territoriesshall be based on the following principles:
– conservation of the State natural reserve fund, biological diversity and naturalecological systems;
– purpose-oriented use of specially protected natural territories;
– effective use of specially protected natural territories with the objective ofdeveloping science, culture, enlightenment and education;
– development of tourism and recreation while taking into account social andeconomic factors and also interests of the local population;
– state support of activities aimed at utilizing and conserving specially protectednatural territories;
– state regulation and control in the field of specially protected natural territories;
– payment for using specially protected natural territories;
– recovery of damage incurred as a result of breaching the legislation on speciallyprotected natural territories;
– participation of the population and public associations involved in the area ofspecially protected natural territories;
– accessibility of information on the status of the State natural reserve fund andspecially protected natural territories;
– international cooperation based on international law.
Article 5. Ownership in Specially Protected Natural Territories
Specially protected natural territories shall be under the State ownership.Land plots and the objects listed in the State natural reserve fund and existing onsuch land shall not be subject to privatisation.
CHAPTER II. RIGHTS AND OBLIGATIONS OF CITIZENS AND PUBLICASSOCIATIONS INVOLVED IN THE FIELD OF SPECIALLY PROTECTEDNATURAL TERRITORIES
Article 6. Rights and Obligations of Citizens in the Field of SpeciallyProtected Natural Territories
1. The citizens shall have the right to:
– use specially protected natural territories in accordance with the establishedprocedure, participate in activities aimed at conserving and rehabilitating the Statenatural reserve fund;
– set up public associations and public funds of specially protected naturalterritories;
– submit proposals related to establishment of specially protected naturalterritories;
– take part in public experts’ examination of specially protected natural territories;
– appeal to the government agencies and associations with letters, complaints,declarations and proposals concerning specially protected natural territories anddemand such appeals to be considered.
2. The citizens shall be obligated to conserve the nature and treat natural wealthwith care, and comply with the legislation on specially protected natural territories.
3. Foreign citizens and stateless individuals shall enjoy the rights and bearobligations on specially protected natural territories set forth for the citizens of theRepublic of Kazakhstan unless otherwise stated by the Constitution, laws andinternational treaties ratified by the Republic of Kazakhstan.
Article 7. Rights and Obligations of Public Associations Involved in the Areaof Specially Protected Natural Territories
1. Public associations shall have the right to:
– draft and promote programs on specially protected natural territories; protect therights and interests of citizens; involve them into nature conservation activities ona voluntary basis;
– submit proposals to the authorized agencies on developing and adoptingregulations governing specially protected natural territories;
– submit proposals and participate in drafting programs for developing and sitingspecially protected natural territories, and elaborating justifications for setting upsuch specially protected natural territories;
– call for conducting State expertise and carrying out public examination ofspecially protected natural territories;
– in accordance with the set forth procedure take part in works on natureconservation, rehabilitation and use of the State natural reserve fund on speciallyprotected natural territories;
– execute public control on specially protected natural territories;
– set up public funds of specially protected natural territories;
– in accordance with the established procedure get information from stateagencies and organizations on specially protected natural territories;
– raise issues on taking legal steps against organizations, officials and citizensfound guilty, file claims for recovering damages incurred to the citizens as a resultof breaching legislation on specially protected natural territories;
– in accordance with the established procedure exercise other rights stipulatedunder the legislative and other regulatory and legal acts.
2. Public associations shall be obligated to carry out their activities in the field ofspecially protected natural territories in compliance with the legislation of theRepublic of Kazakhstan.
CHAPTER III. COMPETENCE OF THE STATE AUTHORITIES IN THE FIELD OFSPECIALLY PROTECTED NATURAL TERRITORIES
Article 8. Competence of the Republic of Kazakhstan Government
In the field of specially protected natural territories the Government of theRepublic of Kazakhstan shall:
– develop principal provisions on uniform state policy, strategic and tacticalmeasures for implementing such policy;
– develop national programs and submit them to the President of the Republic ofKazakhstan for approval;
– guide operations of the ministries, state committees and central executiveagencies not part of the Government, local executive authorities, ensure executionby them of laws and acts of issued by the President of the Republic of Kazakhstanand the Republic of Kazakhstan Government;
– approve the list of objects of Republican and International importance includedin the State natural reserve fund as well as establish the procedure on limitedeconomic use of such objects on specially protected natural territories;
– approve the list of specially protected natural territories of Republican andInternational importance;
– set up the procedure on attributing land plots to specially protected naturalterritories and reserving land for creating such specially protected naturalterritories;
– approve programs for developing specially protected natural territories;
– approve model provisions on specially protected natural territories;
– facilitate specially protected natural territories of Republican importance;
– set up the procedure on demolishing (removing) alien buildings, structures andobjects existing on specially protected natural territories, including withdrawal(repurchase) of land plots for establishing and expanding specially protectednatural territories involving land of all categories and also on leasing out landplots, buildings and facilities on specially protected natural territories for scientific,tourist and recreational activities;
– set up the procedure for leasing out buildings and facilities on speciallyprotected natural territories for research, cultural and enlightening, educational,tourist and recreational purposes;
– approve provision on state funds of specially protected natural territories, set upthe procedure and terms on collecting payments for using such territories andservices provided by them;
– determine the procedure for keeping state records and state cadastre ofspecially protected natural territories;
– approve provision on State inspection of specially protected natural territories;
– carry out international cooperation and set up the procedure on operations offoreign entities and citizens in the field of specially protected natural territories;
– exercise other powers in accordance with the legislation of the Republic ofKazakhstan.
Article 9. Competence of the Central Executive Agency of the Republic ofKazakhstan for Environmental Protection
The central executive agency of the Republic of Kazakhstan for environmentalprotection shall:
– coordinate the activities of central and local executive authorities and providemethodological guidance in the area of nature conservation activities relevant tospecially protected natural territories;
– in accordance with the established procedure develop natural and scientific andalso feasibility studies, model and specific provisions on specially protectednatural territories;
– elaborate development of programs for specially protected natural territories;
– approve rules and methodological instructions on issues concerning speciallyprotected natural territories;
– manage specially protected natural territories of Republican importance andensure conducting scientific and research work on such territories as well asnature conservation and rehabilitation activities;
– maintain the state cadastre of objects included in the State natural reserve fundand specially protected natural territories;
– carry out State control over specially protected natural territories;
– practice international cooperation in the field of specially protected naturalterritories.
Article 10. Competence of the Ministries, State Committees and OtherCentral Executive Agencies Not Part of the Government
Ministries, state committees and other central executive agencies not part of theGovernment within the limits of their competence shall:
– prepare proposals on programs for developing specially protected naturalterritories and submit such proposals to the central executive agency of theRepublic of Kazakhstan for environmental protection;
– facilitate development of studies to justify creation of specially protected naturalterritories, ensure arrangement of the State ecological expertise and coordinatesuch studies with the central executive agency for environmental protection ;
– exercise other powers in accordance with the legislation of the Republic ofKazakhstan.
Article 9. Competence of the Central Executive Agency of the Republic ofKazakhstan for Environmental Protection
The central executive agency of the Republic of Kazakhstan for environmentalprotection shall:
– coordinate the activities of central and local executive authorities and providemethodological guidance in the area of nature conservation activities relevant tospecially protected natural territories;
– in accordance with the established procedure develop natural and scientific andalso feasibility studies, model and specific provisions on specially protectednatural territories;
– elaborate development of programs for specially protected natural territories;
– approve rules and methodological instructions on issues concerning speciallyprotected natural territories;
– manage specially protected natural territories of Republican importance andensure conducting scientific and research work on such territories as well asnature conservation and rehabilitation activities;
– maintain the state cadastre of objects included in the State natural reserve fundand specially protected natural territories;
– carry out State control over specially protected natural territories;
– practice international cooperation in the field of specially protected naturalterritories.
Article 10. Competence of the Ministries, State Committees and OtherCentral Executive Agencies Not Part of the Government
Ministries, state committees and other central executive agencies not part of theGovernment within the limits of their competence shall:
– prepare proposals on programs for developing specially protected naturalterritories and submit such proposals to the central executive agency of theRepublic of Kazakhstan for environmental protection;
– facilitate development of studies to justify creation of specially protected naturalterritories, ensure arrangement of the State ecological expertise and coordinatesuch studies with the central executive agency for environmental protection ;
– in coordination with the central executive agency for environmental protectionapprove individual provisions governing specially protected natural territoriesplaced under their competence, provide for drawing up passports for suchterritories and also their registration;
– manage specially protected territories placed under their competence and alsoprovide for performance of all activities required by the legislation;
– arrange maintenance of state records concerning specially protected naturalterritories under their competence and present such records to the centralexecutive agency for environmental protection;
– create security services and provide for state control over specially protectednatural territories under their competence;
– carry out international cooperation in the field of specially protected naturalterritories.
Article 11. Competence of Local Representative and Executive Bodies
1. Local representative bodies shall:
– consider and coordinate programs for developing specially protected naturalterritories;
– approve expenditures of local budgets subject to spending for the needs ofspecially protected natural territories of local importance;
– hear reports of the heads of executive bodies on the status and performance ofspecially protected natural territories under their competence and located withinthe limits of their relevant administrative and territorial units;
– within the limits of their competence pass mandatory rules on protecting objectsof the State natural reserve fund and protection status of specially protectednatural territories. Such rules shall become effective within not less than two
weeks after their publication.
2. Local executive bodies shall:
– carry out state control over the state and performance of specially protectednatural territories located within the limits of their relevant administrative andterritorial units;
– submit proposals on programs for developing specially protected naturalterritories, coordinate development of studies to justify creation of such territories;
– upon agreement with the central executive bodies approve lists of objectsincluded in the State natural reserve fund and those on specially protected naturalterritories of local importance;
– according to the established procedure ensure reservation of land plots forspecially protected natural territories;
– take decisions on establishing security zones around specially protected naturalterritories and also prohibiting within the limits of such zones any activitiesproducing negative impact on the position of ecological systems on suchterritories;
– arrange specially protected natural territories of local importance;
– provide financing from local budgets for activities related to specially protectednatural territories.
CHAPTER IV. ARRANGEMENT OF SPECIALLY PROTECTED NATURALTERRITORIES
Article 12. Objects of the State Natural Reserve Fund and Types of SpeciallyProtected Natural Territories
1. The following objects shall be included in the State natural reserve fund:
– zoological, including rare and endangered species of animals, valuable animalspecies, typical and rare animal communities;
– botanical, including rare and endangered species of plants, valuable species ofplants, typical and rare plant communities;
– forestry, including forests of specially protected natural territories, original woodwork samples and field protective afforestation;
– dendrological, including individual trees or groups of such trees of scientific,
cultural and historical value, original samples of garden and park- related culture;
– wetlands of international importance, natural and artificial water basins, seawater areas serving as natural habitat for typical flora and fauna, especially forwaterfowl;
– geological, geomorphological and hydrogeological, including subsoil segmentsof special ecological, scientific, cultural and other value;
– landscape, including typical, unique and rare landscapes, standard sites of theuntouched nature, landscapes of recreational value;
– water basins of national or other specific scientific value.
2. Depending on the purpose of creating, protection status and specifics ofutilizing objects of the State natural reserve fund the following types of speciallyprotected natural territories shall be established in the Republic of Kazakhstan:
– State natural preserves, including biosphere preserves;
– State national natural parks;
– State natural reservations;
– State natural parks;
– State natural monuments;
– State protected zones;
– State natural preserves;
– State zoological parks;
– State botanical gardens;
– State dendrological parks;
– State natural preserves-supporters.
Legislation of the Republic of Kazakhstan may provide also for other types ofspecially protected natural territories.
Article 13. Categories of Specially Protected Natural Territories
1. Depending on the value of the objects listed in the State natural reserve fund,specially protected natural territories shall be subdivided by categories intospecially protected natural territories of local and national importance.
2. Elimination of specially protected natural territories from the lists of speciallyprotected natural territories of local importance shall be permitted only underdecisions taken by local executive bodies agreed upon with the central executiveagency for environmental protection, whereas elimination from the lists of speciallyprotected natural territories of Republican importance shall be permitted only byresolutions issued by the Government of the Republic of Kazakhstan.